{"id":"F2023L00553","name":"Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2023","slug":"f2023l00553","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441862,"registerId":"F2023L00553-fast-fetch-1775957038156","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTelecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2023\n\nI, Katherine Jones PSM, Communications Access Co-ordinator, make the following Determination.\n\nDated  12/05/2023  \n\nKatherine Jones PSM\n\n \n\nKATHERINE JONES PSM\n\nCommunications Access Co-ordinator\n\n \n\n \n\n \n\nContents\n\nPart 1 - Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Consultation\n\n6  Schedules\n\n7  Purpose\n\nPart 2—Requirements relating to authorisations, notifications and revocations\n\nDivision 1 – Authorisations made by the Organisation\n\n8  Authorisation for access to existing information or documents\n\n9  Authorisation for access to prospective information or documents\n\nDivision 2 – Authorisations made by enforcement agencies\n\n10  Authorisation for access to existing information or documents\n\n11 Authorisations for access to existing information or documents by the Australian Federal Police – enforcing foreign or international laws\n\n12 Authorisation for access to prospective information or documents by criminal law-enforcement agencies\n\n13 Authorisations for access to prospective information or documents by the Australian Federal Police – enforcing international laws\n\n14 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcing foreign or international laws\n\n15 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law\n\nDivision 3 – Notifications of authorisations\n\n16 Notification of an authorisation\n\nDivision 4 – Revocations of authorisations\n\n17 Revocation of an authorisation made by the Organisation\n\n18 Revocation of an authorisation made by a criminal law‑enforcement agency\n\n19 Revocation of an authorisation made by the Australian Federal Police – enforcing international laws\n\nDivision 5 – Notification of revocations\n\n20 Notification of a revocation\n\nSchedule 1—Repeals\n\nTelecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2018\n\n \n\nPart 1 - Preliminary\n\n1  Name\n\n(1)           This instrument is the Telecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2023.\n\n2  Commencement\n\nThis instrument commences immediately upon registration.\n\n3  Authority\n\n  This instrument is made under subsection 183(2) of the Telecommunications (Interception and Access) Act 1979.\n\n4  Definitions\n\nNote 1: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:\n\n(a) ACMA;\n\n(b) ASIO affiliate;\n\n(c) ASIO employee;\n\n(d) authorised officer;\n\n(e) Communications Access Co-ordinator;\n\n(f) crime within the jurisdiction of the ICC;\n\n(g) criminal law-enforcement agency;\n\n(h) enforcement agency;\n\n(i) International offence;\n\n(j) foreign law enforcement agency;\n\n(k) International Criminal Court;\n\n(l)  journalist information warrant;\n\n(m) Organisation;\n\n(n) relevant staff member;\n\n(o) serious offence;\n\n(p) War Crimes Tribunal offence.\n\nNote 2: Eligible person is defined in subsection 175(2) of the Act for the purposes of section 175 and in subsection 176(2) for the purposes of section 176.\n\n  In this instrument:\n\nAct means the Telecommunications (Interception and Access) Act 1979.\n\n5  Consultation\n\n  Pursuant to subsection 183(3) of the Act, the ACMA and the Information Commissioner were consulted before the making of this instrument.\n\nNote: Subsection 183(3) of the Act states that the Communications Access Co‑ordinator must consult with the ACMA and the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) before making a determination under subsection 183(2) of the Act.\n\n6  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n7  Purpose\n\n  For the purposes of paragraph 183(1)(f) of the Act, this instrument determines the requirements relating to each of the following:\n\n (a) an authorisation under Division 3, 4 or 4A of Part 4‑1 of the Act;\n\n (b) the notification of such an authorisation;\n\n (c) the revocation of such an authorisation;\n\n (d) the notification of such a revocation.\n\n \n\n\n\n\nPart 2—Requirements relating to authorisations, notifications and revocations\n\nDivision 1 – Authorisations made by the Organisation\n\n8  Authorisation for access to existing information or documents\n\n(1)       An authorisation made under subsection 175(2) of the Act must include all of the following information:\n\n  (a)  the identity of the eligible person who is making the authorisation;\n\n  (b)  the basis on which the person is an eligible person;\n\n(c)  the provision of the Act under which the authorisation is made;\n\n(d)  the name of the person(s) from whom disclosure is sought;\n\n(e)  details of the information or documents to be disclosed;\n\n(f)  a statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions;\n\n(g)  the date on which the authorisation is made.\n\n(2)      An authorisation mentioned in subsection (1), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n9  Authorisation for access to prospective information or documents\n\n(1)       An authorisation made under subsection 176(2) or (3) of the Act must include all of the following information:\n\n(a)    the identity of the eligible person who is making the authorisation;\n\n(b)    the basis on which the person is an eligible person;\n\n(c)    the provisions of the Act under which the authorisation is made;\n\n(d)    the name of the person(s) from whom disclosure is sought;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     a statement that the eligible person is satisfied that the disclosure of the information or documents would be in connection with the performance by the Organisation of its functions;\n\n(g)    the date on which the authorisation is made; and\n\n(h)    the date on which the authorisation is to end, being a date:\n\n(i)                 that is no later than the end of the period of 90 days beginning on the day the authorisation is made; and\n\n(ii)               if the authorisation is made under a journalist information warrant – that does not go beyond the period for which the journalist information warrant was specified to be in force.\n\nNote:  For paragraph 1(h), see paragraph 176(5)(b) of the Act.\n\n(2)      An authorisation mentioned in subsection (1), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\nDivision 2 – Authorisations made by enforcement agencies\n\n10  Authorisation for access to existing information or documents\n\n(1)       An authorisation made under subsection 178(2) or 179(2) of the Act must include all of the following information:\n\n(a)    the name of the enforcement agency;\n\n(b)    the basis on which the agency is an enforcement agency;\n\n(c)    the identity of the authorised officer who is making the authorisation;\n\n(d)    the basis on which the officer is an authorised officer;\n\n(e)    the provisions of the Act under which the authorisation is made;\n\n(f)     the name of the person(s) from whom disclosure is sought;\n\n(g)    details of the information or documents to be disclosed;\n\n(h)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for one or more of the following:\n\n(i)                 the enforcement of the criminal law;\n\n(ii)               the enforcement of a law imposing a pecuniary penalty;\n\n(iii)            the protection of the public revenue;\n\n(i)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(j)      the date on which the authorisation is made.\n\n(2)      An authorisation made under subsection 178A(2) of the Act must include all of the following information:\n\n(a)    the name of the police force;\n\n(b)    the identity of the authorised officer who is making the authorisation;\n\n(c)    the basis on which the officer is an authorised officer;\n\n(d)    the provision of the Act under which the authorisation is made;\n\n(e)    the name of the person(s) from whom disclosure is sought;\n\n(f)     details of the information or documents to be disclosed;\n\n(g)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the purposes of finding a person who the police force has been notified is missing;\n\n(h)    a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(i)      the date on which the authorisation is made.\n\n \n\nNote 1: For the purposes of paragraph (1)(h), subsections 178(3) and 179(3) specify that the authorised officer must be satisfied of certain things before making the authorisation.\n\nNote 2: For the purposes of paragraph (2)(g), subsection 178A(3) specifies that the authorised officer must be satisfied of certain things before making the authorisation.\n\n(3)      An authorisation mentioned in subsection (1) or (2), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n11 Authorisations for access to existing information or documents by the Australian Federal Police – enforcing foreign or international laws\n\n(1)       An authorisation made under subsection 180A(2) of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is made;\n\n(d)    the name of the person(s) from whom disclosure is sought;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for:\n\n(i)                 the enforcement of the criminal law of a foreign country; or\n\n(ii)               an investigation or prosecution of a crime within the jurisdiction of the ICC; or\n\n(iii)            an investigation or prosecution of a War Crimes Tribunal offence;\n\n(g)    a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(h)    the date on which the authorisation is made.\n\n(2)       An authorisation made under subsection 180A(4) of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is made;\n\n(d)    the name of the foreign law enforcement agency for which the disclosure is requested;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     a statement that the information or documents being disclosed to the foreign law enforcement agency under the authorisation were obtained via an authorisation under subsection 180A(2) of the Act;\n\n(g)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:\n\n(i)                 that the information will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; and\n\n(ii)               that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents;\n\n(h)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for:\n\n(i)                 the enforcement of the criminal law of a foreign country; or\n\n(ii)               an investigation or prosecution of a crime within the jurisdiction of the ICC; or\n\n(iii)            an investigation or prosecution of a War Crimes Tribunal offence;\n\n(i)      a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances;\n\n(j)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(k)    the date on which the authorisation is made.\n\n \n\n(3) An authorisation mentioned in subsection (1) and (2), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n12 Authorisation for access to prospective information or documents by criminal law-enforcement agencies\n\n(1)       An authorisation made under subsection 180(2) or (3) of the Act must include all of the following information:\n\n(a)    the name of the criminal law-enforcement agency;\n\n(b)    the basis on which the agency is a criminal law-enforcement agency;\n\n(c)    the identity of the authorised officer who is making the authorisation;\n\n(d)    the basis on which the officer is an authorised officer;\n\n(e)    the provisions of the Act under which the authorisation is made;\n\n(f)     the name of the person(s) from whom disclosure is sought;\n\n(g)    details of the information or documents to be disclosed;\n\n(h)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is reasonably necessary for the investigation of:\n\n(i)                 a serious offence; or\n\n(ii)               an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment for at least 3 years;\n\n with the statement to include short particulars of the offence;\n\n(i)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(j)      the date on which the authorisation is made;\n\n(k)    the date on which the authorisation is to end, being a date:\n\n(i) that is no later than the end of the period of 45 days beginning on the day the authorisation is made; and\n\n(ii) if the authorisation is made under a journalist information warrant – is no later than the end of the period specified under subsection 180U(3) as the period for which the warrant is to remain in force.\n\n(2)      An authorisation mentioned in subsection (1), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n13 Authorisations for access to prospective information or documents by the Australian Federal Police – enforcing international laws\n\n(1)       An authorisation made under subsection 180B(2) of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is made;\n\n(d)    the name of the person(s) from whom disclosure is sought;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for an investigation or proceeding of a kind referred to in the item of the following table for the relevant type of authorisation:\n\n- Authorising access to prospective information or documents\n- Item For Attorney‑General authorisations under: the investigation or proceeding is:\n- 1 section 15D of the Mutual Assistance in Criminal Matters Act 1987 an investigation or proceeding relating to an offence against the law of a foreign country that:(a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or(b) involves an act or omission that, if it had occurred in Australia, would be a serious offence\n- 2 section 78B of the International Criminal Court Act 2002 an investigation or proceeding relating to a crime within the jurisdiction of the ICC\n- 3 section 34B of the International War Crimes Tribunals Act 1995 an investigation or proceeding relating to a War Crimes Tribunal offence\n\n\n with the statement to include short particulars of the offence;\n\n(g)    a statement that the Attorney-General has authorised the making of the authorisation under section 15D of the Mutual Assistance in Criminal Matters Act 1987, section 78B of the International Criminal Court Act 2002 or section 34B of the International War Crimes Tribunals Act 1995;\n\n(h)    a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances;\n\n(i)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(j)      the date on which the authorisation is made;\n\n(k)    the date on which the authorisation is to end, being a date that is no later than 21 days after the day the authorisation is made.\n\n(2)      An extension to an authorisation made under subsection 180B(6) of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is extending the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is extended;\n\n(d)    the name of the person(s) from whom disclosure is sought;\n\n(e)    a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for an investigation or proceeding of a kind referred to in the item of the following table for the relevant type of authorisation:\n\n- Authorising access to prospective information or documents\n- Item For Attorney‑General authorisations under: the investigation or proceeding is:\n- 1 section 15D of the Mutual Assistance in Criminal Matters Act 1987 an investigation or proceeding relating to an offence against the law of a foreign country that:(a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or(b) involves an act or omission that, if it had occurred in Australia, would be a serious offence\n- 2 section 78B of the International Criminal Court Act 2002 an investigation or proceeding relating to a crime within the jurisdiction of the ICC\n- 3 section 34B of the International War Crimes Tribunals Act 1995 an investigation or proceeding relating to a War Crimes Tribunal offence\n\n\n with the statement to include short particulars of the crime or offence;\n\n(f)     a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances;\n\n(g)    a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(h)    the date on which the extension to the authorisation is made;\n\n(i)      the date on which the authorisation is to end, being a date that is no later than 21 days from the day of the extension.\n\n(3)       An authorisation made under subsection 180B(8) of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is made;\n\n(d)    the name of the foreign law enforcement agency for which the disclosure is requested;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     a statement that the information or documents being disclosed to the foreign law enforcement agency under the authorisation were obtained via an authorisation under section 180B(2) of the Act;\n\n(g)    a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for an investigation or proceeding of a kind referred to in the item of the following table for the relevant type of authorisation:\n\n- Authorising access to prospective information or documents\n- Item For Attorney‑General authorisations under: the investigation or proceeding is:\n- 1 section 15D of the Mutual Assistance in Criminal Matters Act 1987 an investigation or proceeding relating to an offence against the law of a foreign country that:(a) is punishable by imprisonment for 3 years or more, imprisonment for life or the death penalty; or(b) involves an act or omission that, if it had occurred in Australia, would be a serious offence\n- 2 section 78B of the International Criminal Court Act 2002 an investigation or proceeding relating to a crime within the jurisdiction of the ICC\n- 3 section 34B of the International War Crimes Tribunals Act 1995 an investigation or proceeding relating to a War Crimes Tribunal offence\n\n\n with the statement to include short particulars of the crime or offence;\n\n(h)    a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.\n\n(i)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(j)      a statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:\n\n(i)                 that the information or documents will only be used for the purposes for which the foreign law enforcement agency requested the information or documents; and\n\n(ii)               that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information or documents; and\n\n(iii)            any other condition  determined, in writing, by the Attorney‑General;\n\n(k)    a statement that the authorised officer has made no other authorisations for the disclosure of information or documents to a foreign law enforcement agency on the day on which the disclosure is being made;\n\n(4)      An authorisation mentioned in subsection (1), (2) or (3), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n14 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcing foreign or international laws\n\n(1)       An authorisation made under subsection 180C(1) of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is made;\n\n(d)    the name of the foreign law enforcement agency for which the disclosure is requested;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     a statement that the information or documents being disclosed to the foreign law enforcement agency under the authorisation were obtained via an authorisation made under Division 4 of Part 4‑1 of the Act, other than because of an authorisation under section 178A of the Act;\n\n(g)    a statement that the authorised officer is satisfied that the disclosure is appropriate in all the circumstances.\n\n(h)    a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for:\n\n(i)                 the enforcement of the criminal law of a foreign country;\n\n(ii)               an investigation or prosecution of a crime within the jurisdiction of the ICC; or\n\n(iii)            an investigation or prosecution of a War Crimes Tribunal offence;\n\n(i)      a statement that the disclosure of the information or documents is being made to the foreign law enforcement agency subject to the following conditions:\n\n(i)                 that the information will only be used for the purposes for which the foreign law enforcement agency requested the information; and\n\n(ii)               that any document or any other thing containing the information will be destroyed when it is no longer required for those purposes for which the foreign law enforcement agency requested the information;\n\n(j)      a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(k)    the date on which the authorisation is made;\n\nNote: An authorisation mentioned in subsection (1), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n15 Secondary disclosure authorisations for the Australian Federal Police to disclose information or documents – enforcement of the criminal law\n\n(1)      An authorisation made under section 180D of the Act must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the authorisation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the authorisation is made;\n\n(d)    the name of the person to whom the disclosure will be made or who will use the information;\n\n(e)    details of the information or documents to be disclosed or used;\n\n(f)     a statement that the information or documents being disclosed or used under the authorisation were obtained via an authorisation made under Division 4A of Part 4‑1 of the Act;\n\n(g)    in the case of a disclosure to the Organisation – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for the performance by the Organisation of its functions;\n\n(h)    in the case of a disclosure to an enforcement agency – a statement that the authorised officer is satisfied that the disclosure is reasonably necessary for:\n\n(i)                 the enforcement of the criminal law; or\n\n(ii)               the purposes of Division 105A of the Criminal Code (continuing detention orders); or\n\n(iii)            the enforcement of a law imposing a pecuniary penalty; or\n\n(iv)             the protection of the public revenue;\n\n(i)      in the case of a use by the Australian Federal Police – a statement that the authorised officer is satisfied that the use is reasonably necessary for:\n\n(i)                 the enforcement of the criminal law; or\n\n(ii)               the purposes of Division 105A of the Criminal Code (continuing detention orders); or\n\n(iii)            the enforcement of a law imposing a pecuniary penalty; or\n\n(iv)             the protection of the public revenue;\n\n(j)      a statement that the authorised officer is satisfied that the disclosure or use is appropriate in all the circumstances;\n\n(k)    a statement that the authorised officer is satisfied on reasonable grounds that any interference with the privacy of any person or persons that may result from the disclosure or use is justifiable and proportionate, having regard to the matters set out in section 180F of the Act.\n\n(l)      the date on which the authorisation is made.\n\n(2)      An authorisation mentioned in subsection (1), whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\nDivision 3 – Notifications of authorisations\n\n16 Notification of an authorisation\n\n(1)       For the purposes of subsections 184(1), (3) and (5) of the Act, a notification of an authorisation must include all of the following information:\n\n(a)    the name of the agency making the notification;\n\n(b)    the identity of the person who is making the notification;\n\n(c)    the identity of the authorised officer who made the authorisation;\n\n(d)    the provision of the Act under which the notification is made;\n\n(e)    details of the information or documents to be disclosed;\n\n(f)     the means by which the information or documents should be disclosed to the person;\n\n(g)    the date on which the authorisation was made;\n\n(h)    the date on which the notification is made.\n\n(2)      A notification of an authorisation must:\n\n(a)    if the notification is in written form – be signed by its maker; or\n\n(b)    if the notification is in electronic form – state a unique identifier of the relevant agency.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\nDivision 4 – Revocations of authorisations\n\n17 Revocation of an authorisation made by the Organisation\n\n(1)       For the purposes of subsection 176(6) of the Act, a revocation of an authorisation must include all of the following information:\n\n(a)    the identity of the eligible person who is making the revocation;\n\n(b)    the basis on which the person is an eligible person;\n\n(c)    the provision of the Act under which the revocation is made;\n\n(d)    details of the authorisation to be revoked sufficient to identify it, including all of the following:\n\n(i)                 the identity of the eligible person who made the authorisation;\n\n(ii)               the date on which the authorisation was made;\n\n(iii)            the name of the person(s) from whom the disclosure was sought;\n\n(iv)             details of the information or documents to be disclosed;\n\n(v)               any other relevant information;\n\n(e)    a statement that:\n\n(i)                 the authorised officer is satisfied that the disclosure of the information or documents is no longer required; or\n\n(ii)               in a case where the authorisation is made under a journalist information warrant:\n\n1. the warrant is revoked; or\n2. the Director-General of Security has informed the Attorney-General that the Director-General is satisfied that the grounds on which the warrant was issued have ceased to exist;\n\n\n(f)     the date on which, and the time at which, the revocation is made.\n\n(2)       A revocation, whether in written or electronic form, must be signed by its maker.\n\nNote 1: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\nNote 2:  For paragraph (1)(e)(ii), sections 180N and 180P of the Act relate to journalist information warrants.\n\n18 Revocation of an authorisation made by a criminal law‑enforcement agency\n\n(1)       For the purposes of 180(7) of the Act, a revocation of an authorisation must include all of the following information:\n\n(a)    the name of the criminal law-enforcement agency;\n\n(b)    the basis on which the agency is a criminal law-enforcement agency;\n\n(c)    the identity of the authorised officer who is making the revocation;\n\n(d)    the basis on which the officer is an authorised officer;\n\n(e)    the provision of the Act under which the revocation is made;\n\n(f)     details of the authorisation to be revoked sufficient to identify it, including all of the following:\n\n(i)                 the identity of the authorised officer who made the authorisation;\n\n(ii)               the date on which the authorisation was made;\n\n(iii)            the name of the person(s) from whom the disclosure was sought;\n\n(iv)             details of the information or documents to be disclosed;\n\n(v)               any other relevant information;\n\n(g)    a statement that:\n\n(i)                 the authorised officer is satisfied that the disclosure of the information or documents is no longer required; or\n\n(ii)               in a case where the authorisation is made under a journalist information warrant, the authorisation is revoked;\n\n(h)    the date on which, and the time at which, the revocation is made.\n\n(2)       A revocation, whether in written or electronic form, must be signed by its maker.\n\nNote 1: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\nNote 2:  For paragraph (1)(g)(ii), section 180W of the Act relates to the conditions for revocation of a journalist information warrant by a chief officer of an enforcement agency.\n\n19 Revocation of an authorisation made by the Australian Federal Police – enforcing international laws\n\n(1)       For the purposes of subsection 180B(4) of the Act, a revocation of an authorisation must include all of the following information:\n\n(a)    the identity of the authorised officer of the Australian Federal Police who is making the revocation;\n\n(b)    the basis on which the officer is an authorised officer;\n\n(c)    the provision of the Act under which the revocation is made;\n\n(d)    details of the authorisation to be revoked sufficient to identify it, including all of the following:\n\n(i)                 the identity of the authorised officer who made the authorisation;\n\n(ii)               the date on which the authorisation was made;\n\n(iii)            the name of the person(s) from whom the disclosure was sought;\n\n(iv)             details of the information or documents to be disclosed;\n\n(v)               any other relevant information;\n\n(e)    a statement that the authorised officer is satisfied that the disclosure of the information or documents is no longer required;\n\n(f)     the date on which, and the time at which, the revocation is made.\n\n(2)       A revocation, whether in written or electronic form, must be signed by its maker.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\nDivision 5 – Notification of revocations\n\n20 Notification of a revocation\n\n(1)       For the purposes of subsections 184(2), (4) and (6) of the Act, a notification of a revocation must include all of the following information:\n\n(a)    the identity of the person who is making the notification;\n\n(b)    the provision of the Act under which the notification is made;\n\n(c)    either:\n\n(i)                 a copy of the revocation; or\n\n(ii)               a statement that specifies all of the information that is required to be included in the revocation under Division 4 of Part 2;\n\n(d)    the date on which the notification is made.\n\n(2)      A notification of a revocation must:\n\n(c)    if the notification is in written form – be signed by its maker; or\n\n(d)    if the notification is in electronic form – state a unique identifier of the relevant agency.\n\nNote: Section 10 of the Electronic Transactions Act 1999 sets out how the requirement for signature is taken to have been met in relation to an electronic communication.\n\n\n\n\nSchedule 1—Repeals\n\nTelecommunications (Interception and Access) (Requirements for Authorisations, Notifications and Revocations) Determination 2018\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2018 Determination with the same scope — prescribing administrative requirements for telecommunications data access authorisations. It does not expand substantive powers but updates the procedural framework. The structure and coverage appear consistent with the original intent under section 183 of the TIA Act."},"complexity_factors":["Multiple overlapping agency regimes with different rules (ASIO vs enforcement agencies vs AFP international)","Extensive cross-referencing to the Telecommunications (Interception and Access) Act 1979 (at least 15 different sections referenced)","Conditional logic based on authorisation type — prospective vs existing data, domestic vs international, journalist warrants vs standard","Variable time limits (90 days, 45 days, 21 days) depending on agency and purpose","Nested requirements — some authorisations require Attorney-General approval, some require satisfaction of proportionality tests referencing external statutory criteria (section 180F)","Duplicated but slightly varied provisions across 8 different authorisation types (sections 8-15)","Electronic signature provisions requiring reference to the Electronic Transactions Act 1999","Repeal of previous instrument (2018) requiring comparison for full context"],"plain_english_summary":"This legislation sets out the paperwork and procedural rules that Australian spy agencies and police must follow when they want to access people's telecommunications data (like phone records, internet metadata, or subscriber details).\n\n**What it does:**\n- **Creates standard forms** for authorisations — the internal approvals that agencies need before they can demand telcos hand over customer data\n- **Sets time limits** on how long these data requests can run (e.g., 90 days for ASIO, 45 days for criminal investigations, 21 days for international matters)\n- **Requires specific statements** about why the data is needed and why the privacy intrusion is justified\n- **Covers notifications** — how agencies tell telcos to hand over the data\n- **Covers revocations** — how agencies cancel authorisations when they're no longer needed\n\n**Who it affects:**\n- **ASIO** (Australia's domestic spy agency) — for intelligence gathering\n- **Criminal law-enforcement agencies** (AFP, state police, etc.) — for investigating serious crimes\n- **The Australian Federal Police specifically** — for international cooperation, war crimes investigations, and sharing data with foreign police\n- **Telecommunications companies** — who receive these demands and must comply\n- **Ordinary Australians** — whose metadata and subscriber details are being accessed\n\n**Why it matters:**\nThis is the fine print that governs how much of your digital life government agencies can access without a warrant. It includes special protections for **journalists** (shorter time limits and extra oversight) and strict conditions for sharing Australian data with **foreign law enforcement**. The Determination ensures there's a paper trail and accountability, but it's worth noting this is about *how* agencies access data, not *whether* they can — the substantive power comes from the main Act."},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes the mandatory content and form of authorisations, notifications and revocations made under Part 4-1 of the Telecommunications (Interception and Access) Act 1979, replacing the 2018 Determination with updated specifications."},"complexity_factors":["Multiple cross-references to the primary Act","Covers distinct regimes for ASIO, criminal law-enforcement agencies, and AFP international assistance","Specifies detailed mandatory content for each type of authorisation, notification, and revocation","Procedural requirements for signatures and electronic communications under the Electronic Transactions Act 1999"],"plain_english_summary":"This instrument prescribes the exact content, signing and electronic-signature requirements for authorisations, notifications to carriers, revocations and revocation notices used to access telecommunications data. It applies to ASIO, criminal law‑enforcement agencies and the AFP for international requests, standardising the paperwork (identity and basis of authoriser, legal basis, data sought, privacy justification, dates, etc.) to ensure lawful, consistent instructions to carriers. It amends form only, not who may authorise access; effective 12 May 2023."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2018 Determination (Schedule 1) and re‑specifies the mandatory content and form for authorisations, notifications and revocations under paragraph 183(1)(f) of the Act. It consolidates and distinguishes requirements for organisations, criminal law‑enforcement agencies and the AFP (including foreign/international disclosures), and prescribes specific time limits, proportionality/necessity statements and signature/electronic‑identifier rules that practitioners must follow."},"complexity_factors":["Multiple distinct authorisation types and actors: organisation authorisations (clauses 8–9), enforcement/criminal law‑enforcement agencies (clauses 10, 12), and AFP foreign/international authorisations and secondary disclosures (clauses 11, 13–15).","Numerous cross‑references to the primary Act and other statutes (the Act's provisions, section 180F proportionality test, and Electronic Transactions Act 1999 s10) increase interpretive load (see notes in clauses 8–15 and repeated notes).","Divergent time limits across authorisation types: organisation prospective access (clause 9(1)(h) — up to 90 days), criminal agencies prospective access (clause 12(1)(k) — up to 45 days), AFP international prospective access (clause 13(1)(k) — up to 21 days).","Detailed mandatory content requirements for each instrument type (identity, legal basis, targeted person(s), particulars of information/documents, necessity/appropriateness/proportionality statements) create template precision and compliance burden (clauses 8–15, 16, 17–20).","Specific conditions for foreign disclosure and secondary use, including use‑limits and destruction obligations, plus ministerial/Attorney‑General‑determined conditions (clauses 11(2)(f)–(g), 13(3)(j), 14(1)(i)).","Formal execution rules: signature required for written/electronic forms and alternative electronic‑identifier rule for notifications (clauses 8(2), 9(2), 16(2), 20(2); Electronic Transactions Act note), increasing record‑keeping and authentication requirements.","Revocation and notification requirements mirror authorisation complexity and require identifying particulars sufficient to locate original instruments (clauses 17–20), increasing administrative matching tasks.","Repeal and replacement of prior Determination (Schedule 1) means practitioners must map old forms/processes to the new mandatory fields, raising transition costs (Schedule 1).","Consultation with ACMA and the Information Commissioner is recorded (clause 5), but the instrument leaves substantive judgements (e.g. 'satisfied on reasonable grounds') to agency officers, creating discretionary judgment points (see multiple clauses invoking 'satisfied' thresholds)."],"plain_english_summary":"This Determination replaces the 2018 instrument and prescribes the exact content and form required for authorisations, notifications and revocations under the Telecommunications (Interception and Access) Act 1979. It sets required identity, legal basis, targeted persons, data descriptions, necessity/proportionality statements, time limits and signature or electronic‑identifier rules.\n\nIt affects Commonwealth agencies (including the AFP), regulated organisations and service providers by standardising paperwork and imposing record‑keeping and compliance obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/f2023l00553","history":"/api/acts/f2023l00553/history","analysis":"/api/acts/f2023l00553/analysis","conflicts":"/api/acts/f2023l00553/conflicts","importantCases":"/api/acts/f2023l00553/important-cases","documents":"/api/acts/f2023l00553/documents"}}